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14 April 2011 / David Burrows
Issue: 7461 + 7462 / Categories: Features , Mediation , Family
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Under new rule (3)

In his third FPR update David Burrows looks at costs savings, case management & mediation

Few would disagree that the legal costs associated with most litigation are a blight on the finances of many of the parties involved. With family proceedings, the problem is at its most stark where, often, the parties’ means and the lawyers fees are part of the assets and liabilities over which much family litigation rages.

An argument can be advanced that the new Family Procedure Rules 2010 (FPR 2010) do little to assist with costs savings. The new rules can be seen—sometimes by omission, sometimes almost deliberately—as stoking up costs: many rules lack logic and will be expensive for the judges to clarify; disclosure rules are confused and aspects of rules as to expert evidence (eg, instruction of joint experts) are deliberately more expensive than under CPR 1998.

This article, the third in the present series, looks at two particular aspects of the scheme which are central to costs saving, and which are new to

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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